Issued/Effective Date: [Issued on 04/11/2023, effective as of date of issuance]
SOUDIAN User Services Agreement Welcome to use the SOUDIAN services!
The SOUDIAN User Service Agreement (hereafter referred to as “this Agreement”) is an agreement between the user of SOUDIAN-related services (hereafter referred to as “the users” or “You”) and Shenzhen Zhumang Technology Co., Ltd. and its affiliated companies (hereafter referred to as “the Company” or “We”) on the download, installation and use of SOUDIAN software (including but not limited to the SOUDIAN software on third platform, APP, webpage version, PC version, mobile phone and other wireless handheld terminal versions accessed by SOUDIAN), and the registration, use and management of SOUDIAN software account, or the direct login through a third-party account, and the use of other related services provided by the Company.
SOUDIAN Software is developed by Shenzhen Zhumang Technology Co., Ltd. and will provide Internet-based and mobile-network-based platform technical services (hereafter referred to as the
“Services”) in accordance with the provisions of this Agreement and the operating rules issued from time to time. The users_shall carefully read and fully understand the provisions_ of this Agreement, especially the disclaimer clauses that exempt or limit the liability of the Company, the clauses that limit the users’ rights, the agreed dispute settlement method, jurisdiction, and the provisions applicable by law. Such clauses may be bolded or underlined for your attention.
Confirm that this clause and SOUDIAN User Service Agreement have been known, understood and accepted, and agreed to take it as the basis for determining the rights and obligations of both parties. If you use the product, you will be deemed to have read and agreed to the above agreement and voluntarily accept all its provisions. If you do not accept part or all of the agreement, you shall immediately stop using the services (the person without civil capacity shall decline to use the services, the person with limited civil capacity shall read, understand and use the services under the guardianship). Your accounts’ actions of obtaining, logging in, and using of the Services will be deemed to be an acceptance of this Agreement and binding upon the terms and conditions of this Agreement.
You understand and agree that SOUDIAN software will be modified and updated from time to time in accordance with changes of national laws and regulations and the needs of the Company’s operation. You should pay attention to the renewal of this agreement from time to time. If you do not accept the updated terms, you should stop using the product immediately the person without civil capacity shall decline to use the service, the person with limited capacity shall read, understand and use the service under the guardianship). Continued use of this product will be deemed to be your acceptance of the amended terms.
Article 1 Declaration of Intellectual Property Rights
1.1 Unless otherwise specifically stated, the ownership and intellectual property rights of the hardware, software and contents provided in the process of our services shall belong to the Company. All intellectual property rights such as copyright, trademark right, patent right, trade secret, etc. as well as all relevant information, including but not limited to: words and their combinations, icons, decorations, diagrams, colors, page design, layout frame, relevant data, printed materials, or electronic documents shall be protected by the copyright law, trademark law, patent law, anti-unfair competition act, corresponding international treaties and other intellectual property laws and regulations of the People’s Republic of China. The Company is entitled to the above intellectual property rights.
1.2 Without the written consent of the Company, the users shall not independently implement, utilize, transfer or license any third party to implement,
utilize or transfer the above intellectual property rights for any profit or non-profit purpose. The Company reserves the right to investigate the liability for the unauthorized use.
Article 2 Scope of Authorization
2.1 The users can install, use, display and run SOUDIAN software on a single terminal device for non-commercial purposes. The users shall not install, use or operate the SOUDIAN software for the commercial operation purpose, and shall not copy, change, modify, mount operate or create any derivative works, including but not limited to the use of plugins, external connection or accession of non-authorized third-party tools/services to the Software or related systems.
2.2 Without the written consent of the company, the users shall not install the SOUDIAN software on other terminal devices without the express permission of the company.
2.3 The user can log in directly through the account of the third party or use it by registering the SOUDIAN account. The use right of the account only belongs to the initial applicant/registerer, and gift, borrowing, leasing, transfer or sale is prohibited. The users shall be responsible for the custody of the account and password, and assume full responsibility for all activities under the account and password.
2.4 The specific contents of the services provided by this product shall be provided by the Company or our partners according to the actual situation, including but not limited to starting the intelligent charging equipment, searching the nearby intelligent charging equipment based on the location service, arranging the dense equipment network, and relevant technical support. The Company or our partners may change the contents of the provided services, but if the specific service can only be completed after obtaining/collecting your personal information, the Company will obtain/collect it under your authorization.
2.5 Reserved rights: All other rights not expressly authorized shall still belong to the Company, and the users shall obtain the written consent of the Company when exercising other rights.
Article 3 Service Contents
3.1 The services provided by SOUDIAN include hardware services and software services, among
3.1.1 The hardware is the intelligent charging equipment installed in the third-party business premises.
You shall conduct relevant operations at the third-party business premises, and the ownership of the hardware shall be remained at the Company or our partners;
3.1.2 The software provides the users with intelligent charging services, online positioning, store search, advertising platform, payment, order query and 24-hour customer service.
3.2 This service can provide charging service for your personal mobile phone and tablet computer that need charging, but the service cannot judge whether the chargers can match with the above-mentioned devices. In addition, you shall bear the following expenses and provide the following hardware and software when using the service:
3.2.1 The telephone fee and internet access fee related to the service;
3.2.2 The platform technical service fee incurred by using this service. The specific fee standard can be known after scanning the product QR code or entering SOUDIAN software;
3.2.3 Equipment required for self-adaptive Internet access, including personal mobile phone, tablet computer, modem, router, etc.
3.3 When you pay on SOUDIAN, you can choose the payment services provided by the third-party payment agencies in cooperation with SOUDIAN. (such as Stripe, Alipay HK, WeChat Pay, Apple Pay and other payment channels)
Payment Details Addresses:
Viet Nam momopay: https://momo.vn/
Viet Nam zalopay: https://zalopay.vn/
Viet Nam stripe: https://stripe.com/en-hk
United Arab Emirates: https://www.bankfab.com/en-ae/personal
Indonesia: https://ipay88.co.id/
WeChat Pay Global: https://pay.weixin.qq.com/index.php/public/wechatpay_en
Alipay for global business: https://global.alipay.com/platform/site/ihome
3.4 The payment function itself does not collect your personal information, but we need to share your recharge records and reconciliation information with these payment agencies to confirm that your payment instructions have been completed and the order has been paid. If the payment process involves the collection of your personal information or other activities taken by a third-party payment agency, we will provide you with a link of the Privacy Agreement of that relevant third-party payment agency for your review, the details are shown in the attachment to the SOUDIAN Privacy Policy.
Article 4 User Rules
4.1 Based on the importance of the network services provided by the product, please confirm that the corresponding registration materials submitted for those accounts used while using our product and services shall be true, accurate, complete, legal and valid. In case of any change in the registration data, it shall be updated in time. Otherwise, your payment account records, charging records and other information will be lost or cannot be searched, and you will be responsible for your own losses. In addition, if the registration information provided by you is illegal, untrue, inaccurate or not exhaustive, you will bear the corresponding responsibilities and consequences arising therefrom, and our company reserves the right to terminate your use of our product and various services.
4.2 When using the services, the users shall take reasonable measures to ensure the security of their accounts, and be responsible for the behaviors based on the use of the Service and the payment of corresponding fees. In addition, please know and agree that the users shall not transfer their account numbers and passwords or lend them to others. If the users discover that his/her account is illegally used by others, he/she shall immediately notify the Company. If the account number or password is illegally used by others due to hacking or negligent password keeping, the Company will not bear any legal liability.
4.3 The users shall agree that the Company has the right to put various commercial advertisements or other commercial information of any kind in various ways in the course of providing the services, and the users shall agree to accept the Company to send the product promotion or other relevant commercial information to them by e-mail or other means.
4.4 When using the services, the users must follow the following.principles:
(1) Comply with relevant laws and regulations of the People’s Republic of China, the users’ home country and the country where the smart charging equipment is located;
(2) Comply with all network protocols, regulations and procedures relating to the services;
(3) shall not use the services in any way to infringe the Company’s commercial interests, including but not limited to commercial or non-commercial advertising not permitted by the Company;
(4) Do not use the Service System for any action that may adversely affect the normal operation of the Internet or the Mobile Network;
(5) Shall not use the Services to upload, display or disseminate any false, harassing, offensive, abusive, intimidating, vulgar or obscene information or any others that violates public order and good customs or is illegal;
(6) Shall not infringe the patent right, copyright, trademark right, reputation right or any other legitimate rights and interests of any other third party;
(7) Shall not use the service system to conduct any actions against the Company;
(8) Shall not use this service to engage in illegal activities, shall not maliciously damage, intentionally smear, disassemble without authorization, or steal the charging equipment in any form. Otherwise, you shall bear all losses and responsibilities arising therefrom, including but not limited to compensation according to the market price of intelligent charging equipment. And the Company reserves the right to investigate your corresponding legal liabilities;
4.5 Any statements, notices and warnings made by the Company in various ways (including but not limited to web announcements, e-mails, SMS reminders, etc.) shall be regarded as a part of this Agreement. If you use the services, it shall be deemed that you agree to the contents of such statements, notices and warnings. If you do not agree to such statements, notices or warnings, you shall stop using the services immediately.
4.6 The Company has the right to review and supervise (including but not limited to auditing the contents stored in the Company) the users’ use of the Service, including but not limited to charging and free services (including free services based on advertising business model). If the users violate any of the above regulations when using the services, the Company has the right to require the users to correct or directly take all necessary measures (including but not limited to changing or deleting the contents posted by the users, etc., suspending or terminating the users’ right to use the services) to mitigate the effects of users’ misconduct. If the users are liable to a third party due to their own behaviors, the users shall bear the responsibility by their own, and it is irrelevant to the Company.
4.7 On the basis of our independent judgment, the Company reserves the right to pause, suspend or terminate the whole or part of the users’ service rights under this Agreement without prior notice when the Company reasonably believes that the users’ behaviors may harm the services or the Company (including but not limited to the users’ violation of the principles under Article 4.4 of this Agreement), without any legal liability to the user or to any third party. If the users are suspended, interrupted or terminated to use the services for this reason, they shall act according to the instructions of the Company, otherwise it will be deemed as a breach of the contract and shall be liable for the breach of this Agreement, and the Company reserves the right to investigate the users’ legal liability.
4.8 When you enjoy charging service, which may be provided by our agent or partner. You shall understand and agree that the agent or partner is not the Company and does not provide any services to you or enter into any transaction through SOUDIAN. Therefore, the Company cannot guarantee or promise any third party services in any form. We will not be liable to you for the services you receive from this agent or partner. Any dispute arising from the third-party service, or any violation of relevant laws and regulations or this Agreement by the agent or partner, or any loss suffered by you in the process of using the third-party service, shall be settled and borne by the agent or partner, and the Company will assist as much as possible.
Article 5 Software Use Specifications
5.1 Unless permitted by law or with the written permission of the Company, you shall not engage in the following activities during the use of this product:
5.1.1 Delete the information about the copyright on the product and its copies;
5.1.2 Reverse engineer, disassemble, decompile the product software, or try to discover the source code of the product software in other ways;
5.1.3 Use, lease, lend, copy, modify, link, reprint, compile, publish, establish mirror site, etc. of the intellectual property rights contents owned by the Company;
5.1.4 Copy, modify, add, delete, hook run or create any derivative works of the product software or the data released into the terminal memory during the operation of the software, the interactive data between the client and the server during the operation of the software, and the system data necessary for the operation of the product software, including but not limited to the use of plug-ins, external connections or accession of non-authorized third-party tools/services to the Software or related systems.
5.1.5 Add, delete or change the functions or operating effects of the software by modifying or falsifying the instructions and data in the operation of the software, or spread the above-mentioned software and methods to the public, regardless of whether these acts are for commercial purposes;
5.1.6 Log in or use the product software and services through the third-party software, plug-ins, externa connections and systems not developed or authorized by us, or make, distribute and disseminate the above tools;
5.1.7 Interferes with the software of the product and its components, modules and data by himself or authorized others to do so.
ARTICLE 6 CHANGE, INTERRUPTION OR TERMINATION OF THE SERVICES
6.1 In view of the particularity of the services, the users agree that the Company has the right to change, interrupt or terminate part or all of the Services (including charging service and free service) at any time.
In case of change, interruption or termination of free service, the Company does not need to notify the users, nor undertake any corresponding legal liability to any user or any third party; if the changed, interrupted or terminated service is a charged, the Company will notify the users in advance before the change, interruption or termination, and will provide the affected users with equivalent value of alternative charging service. If the user is unwilling to accept the alternative charging service, the Company will deduct the corresponding service fee based on the actual use of the corresponding charging service by the user, and the remaining service charge will be refunded to the user.
6.2 The users shall understand that the Company shall regularly or irregularly overhaul or maintain the platform or relevant equipment providing the services. If the charging service is interrupted within a reasonable time due to such circumstances, the Company shall not be responsible. In case of special circumstances, the Company will try its best to make a notice in advance.
6.3 The Company shall have the right at any time to interrupt or terminate the services under this Agreement [including but not limited to charging and free services (including free services based on advertising business model)] to the users or any third party if any of the following circumstances occurs:
(1) There are problems in the authenticity, completeness, accuracy, legality and validity of the personal data provided by the users;
(2) The users violate the use specifications set forth in this Agreement;
(3) The users fails to pay the corresponding service fee to the Company according to the provisions when using the charging service.
6.4 When the users’ free accounts and nicknames violate laws and regulations or infringement of the legitimate rights and interests of any third party, the Company has the right to prohibit and refuse the users to continue to use that registered accounts and nicknames.
Article 7 Relevant Management Regulations
7.1 The users shall ensure that all registration information provided to the Company is true, complete, accurate, legal and valid. You shall use the services in accordance with this Agreement or relevant operation instructions of the services.
In case of any damage (including but not limited to the damages caused by dropping, squeezing, chemical corrosion, immersion, abnormal use or connection, test, etc.) and loss of the charging equipment in the services caused by your behaviors, you shall bear the responsibility, and compensate for the losses caused to the Company.
The Company or its agents and partners have the right to deduct the compensation from your deposit (if there’s any) or claim the losses from you, including but not limited to the market price of the smart charging equipment.
If the users ask to return the deposit, the Company shall handle it according to the management process, and the number of days needed to be returned shall be timely handled by the Company according to the management requirements. In order to avoid the trouble of frequent payment and deposit refund, the users shall voluntarily agree the Company to manage and use the deposit on behalf of the users, and the generated fruits accordingly shall belong to the Company.
7.2 The users agree that they shall pay the order on time. If the users fail to pay the order on time after the generation of the order, the Company or its agents and partners have the right to deduct the corresponding amount from the deposit paid by the users (if any) according to the management process. The remaining deposit shall be managed in accordance with Article 7.1 of the Agreement. If you are a deposit free user, the Company or its agents and partners have the right to directly deduct the order amount from the bank card you bind after the order is completed. If the balance in your card is insufficient for the order amount, the Company or its agents and partners will attempt to make regular deductions every 2 hours until the order amount is fully paid.
7.3 The users shall be a healthy person who meets the aging and physical conditions of normal and reasonable use of the charging equipment (the person without civil capacity shall not use the service, the person with limited capacity shall use under legal guardianship). If the users suffer from various diseases affecting the safe use, including but not limited to mental disorder and cognitive disorder, the users shall not use the services. Otherwise, the users shall bear all the responsibilities and consequences arising therefrom.
7.4 The users shall still exercise full attention and inspection obligations before using the services. If any fault is found, the users shall give up or stop using the services immediately. If the users has found the fault but still continues to use the services, the users shall bear all responsibilities and consequences of the adverse consequences caused by the use of the fault services.
7.5 The users shall consciously abide by relevant laws and regulations when using the services.
Any punishment, damage and loss caused by the users’ illegal use shall be borne by themselves.
The company recommends that users buy personal safety insurance that suits themselves. In the event of any accident, the Company shall not be liable to any law unless the users can prove that the accident is directly caused by the inherent defect of the services.
7.6 It is recommended that the services be used by the users themselves. The users shall be responsible for any injury or loss caused by others’ use. In case of high temperature, naked flame, fire and other environments and conditions unsuitable to use the services, the users shall stop using the services immediately to avoid accidents or bringing losses to the Company. Otherwise, the users shall bear all consequences and responsibilities. The Company may also take measures to suspend the services after carefully considering the situation, and remind the users through the media and relevant channels
7.7 In case of any dispute between the users and the third party during the use of the services, the dispute shall be settled by both parties themselves. The Company shall not undertake any relevant liability for compensation. In case of any loss caused to the Company, the users shall be liable for the relevant compensation.
7.8 In case of the service suspension due to the failure, the users shall immediately contact our customer service so that the Company can take measures and deal with the failure in time. In case of any relevant loss caused by failing to contact the Company in a timely manner, the Company has the right to require the users to compensate the corresponding losses.
7.9 When using this product, you shall take reasonable measures to ensure the security of your account, and you shall be responsible for your behaviors based on the use of this product and the payment of corresponding fees. In addition, please understand and agree that the services provided by our company do not contain any virus, Trojan horse, etc. However, it cannot be ensured that the equipment will not be endangered to your equipment safety or property rights through invasion or other means by malicious third parties. Please pay attention to any abnormal phenomenon in the using process, and call the police in time. Under such conditions, you will bear your own risk and loss.
Article 8 Privacy Protection
8.1 You understand, confirm and agree that the Company may need to obtain your personal information to complete the provision of specific services. We will obtain your authorization and protect your personal information in accordance with the law, as detailed in the SOUDIAN Privacy Policy.
8.2 In addition, with the development of the Company’s business, the Company and its related parties may merge, acquire and transfer assets, and your personal information may be transferred. The Company will notify you before the transfer.
ARTICLE 9 DISCLAIMER
9.1 The users have clearly understood the contents of this Agreement, and the risks arising from the users’ failure to use the Service in accordance with this Agreement shall be borne by him/herself; and any adverse consequences arising from the use of the services, due to fail to comply with the relevant instructions and prompts on this Agreement, SOUDIAN APP, website and other product servers, shall also be borne by the users. Unless otherwise agreed in this Agreement, the Company assumes no legal liability for users’ above actions.
9.2 The Company makes no warranty of any kind for the services, including but not limited to the timeliness, safety, accuracy. And the non-product-quality safety problems during the use of the services.
And the direct, indirect, incidental, special and subsequent damages and risks arising from using or unable to use the services under any circumstances, the Company assumes no liability.
9.3 The users shall bear the risk of service interruption or failing to meet the user’s requirements caused by vis major, computer virus, hackers, system instability, users’ location, shutdown by the users and any other network, technology and communication line problems, and the Company assumes no legal liability
9.4 The Users agree that the Company shall not be liable for the quality defects of the following products or services provided by the Company to the users and any losses arising therefrom:
(1) Various services provided by the Company to the users for free;
(2) Any product or service presented by the Company to the users; o
(3) Various extra products or services offered by the Company to the users of charging network services.
9.5 The users agree that the services provided by the Company shall be subject to the laws, regulations and management provisions of China. In other words, any conflict between the functions, laws, regulations and management provisions of the services shall object to the local laws, regulations and management provisions.
9.6 The users shall understand the importance of safe use of charging equipment, guarantee not to use SOUDIAN under any security threat, and agree that the Company shall not be liable for any security threat, accidents and other disputes arising from the security threats when using SOUDIAN services for reasons unrelated to the Company. If necessary, the Company may provide relevant data to relevant departments as the evidence.
9.7 If any loss has been caused to the users due to the Company’s violation of relevant laws, regulations or any of the terms and conditions of this Agreement, the Company agrees to assume the liability to compensate for the damage caused thereby.
9.8 The Users shall agree to protect and safeguard the interests of the Company and other users.
In case of any loss caused to the Company or any other persons due to the users’ violation of relevant laws, regulations or any provisions under this Agreement, the users shall agree to assume the liability to the damages caused thereby, which includes but not limited to compensate to the Company for all direct and indirect losses.
9.9 You shall understand and confirm that you carry out relevant operations in strict accordance with the specifications issued by SOUDIAN. If you fail to enjoy relevant services or cause losses or personal injuries to your mobile phone, human body or surrounding people, you shall bear the responsibilities arising therefrom.
ARTICLE 10 NOTICE AND DELIVERY
10.1 All notices of the Company to the users under this Agreement can be delivered through any one or more of the following methods: web announcement, software announcement, e-mail, SMS or regular mail transmission. Such notice shall be deemed to have been effectively delivered to the addressees on the date of sending or announcement.
10.2 The users shall send the notice to the Company through the communication address, fax number, e-mail address and other contact information officially published by the Company. Such notice shall be served on the actual date of receipt by the Company.
10.3 The above delivery mode is also applicable to the relevant arbitration or judicial proceedings (including the stages of prosecution, trial, execution, etc.). Therefore, the users shall ensure that the contact information provided (including e-mail address, mobile phone number, etc.) is accurate and effective, and shall be timely updated. If the relevant notices, files and documents cannot be delivered or delivered in time due to the reasons cannot be attributed to the Company, such as inaccurate contact information or delay in updating, the users shall be responsible for the legal consequences that may arise therefrom.
ARTICLE 11 DISPUTE RESOLUTION AND APPLICABLE LAW
11.1 The conclusion, execution and interpretation of this Agreement and the settlement of disputes shall be governed by the laws of the mainland China and subject to the jurisdiction of the courts of the People’s Republic of China.
11.2 In case of any dispute between both parties regarding the contents of this Agreement or its execution, both parties shall try to settle it through friendly negotiation . if the negotiation fails, either party may file a lawsuit/arbitration to the arbitration institution of the people’s court where the company is located (Nanshan District, Shenzhen City).
11.3 You shall understand and agree that, for any claims, demands or losses claimed by any third party, including attorney’s fees, legal costs, appraisal fees, notarization fees, travel expenses, etc., arising out of your breach of this clause, you should compensate for the Company, the cooperative companies the associated companies and keep them from being damaged
ARTICLE 12 OTHER PROVISIONS
12.1 If any provision of this Agreement is wholly or partially invalid or unenforceable for any reason, the remaining provisions of this Agreement shall remain valid and binding.
12.2 The headings in this Agreement are for convenience only, and the interpretation of this Agreement shall not be limited by such headings.
12.3 Shenzhen Zhumang Technology Co., Ltd. reserves the right of final interpretation of all contents under this Agreement.